3 ms·

When the stakes are treason and/or Guantanamo Bay, you are still bold no matter how many precautions you take or maybe just stupid.

alexbock 10y ago
Could any computer crime be reasonably interpreted as treason given the fairly strict definition in the constitution? Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. It wouldn't surprise me to see the government try to claim "cyber warfare" meets the bill for "levying War against them", but I can't imagine the supreme court letting that stick. edit: If you provided hacked information to a foreign power I could see that being considered giving aid to an enemy. My original question was more focused on the actual hacking itself than what you do with the information.
- colinbartlett 10y ago
  Treason would be a hard one because I think it only applies during wartime. But would any of our various unending wars qualify? War on terror, war on drugs? Maybe not since they weren't declared by congress. It could be considered "light treason" however...
  - tptacek 10y ago
    No, "the war on drugs" does not qualify for treason.
  - chipperyman573 10y ago
    "The war on drugs" is not an actual war, it's just a catchphrase.
  - dailyrorschach 10y ago
    It's unlike it would be a Treason charge, though we are not required to be at war for that to apply. The reason would be the proof burden for Treason in court is very high, and set forth in Article III. In truth it'd be likely to fall under federal statutes governing systems access, and probably I'd guess the 1917 Espionage Act.
  - bdcravens 10y ago
    Aside from Presidential speeches, the "wars" in Iraq and Afghanistan were never formally ended.

alexbock 10y ago

Could any computer crime be reasonably interpreted as treason given the fairly strict definition in the constitution? Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. It wouldn't surprise me to see the government try to claim "cyber warfare" meets the bill for "levying War against them", but I can't imagine the supreme court letting that stick. edit: If you provided hacked information to a foreign power I could see that being considered giving aid to an enemy. My original question was more focused on the actual hacking itself than what you do with the information.

colinbartlett 10y ago
Treason would be a hard one because I think it only applies during wartime. But would any of our various unending wars qualify? War on terror, war on drugs? Maybe not since they weren't declared by congress. It could be considered "light treason" however...
- tptacek 10y ago
  No, "the war on drugs" does not qualify for treason.
- chipperyman573 10y ago
  "The war on drugs" is not an actual war, it's just a catchphrase.
- dailyrorschach 10y ago
  It's unlike it would be a Treason charge, though we are not required to be at war for that to apply. The reason would be the proof burden for Treason in court is very high, and set forth in Article III. In truth it'd be likely to fall under federal statutes governing systems access, and probably I'd guess the 1917 Espionage Act.
- bdcravens 10y ago
  Aside from Presidential speeches, the "wars" in Iraq and Afghanistan were never formally ended.